ADMITTANCE-continued.
nor is such a custom binding on persons under disability, as an infant or feme covert
Page 288 the seizure must be quousque, and, in the case of co-heiresses, of the particular share only, 288, 289 the duty of the bailiff on executing the precept of seizure 289 when claimed by an infant, feme covert or lunatic, the act of 1 W. 4, c. 65, (repealing 9 G. 1, c. 29,) to be pursued ib. the act is general as to persons claiming by descent or surrender to will, or otherwise, ib. n.
but the act is not imperative on the lord, when admittance of the party under disability is not claimed 289 the lord should not seek an appointee, 289, 290 the infant and not the guardian is to be ad- mitted .. 290
of surrenderee cannot be compelled, except by
ib. and then the neglect of tenant for life will not prejudice the remainder-man ib. nor would the custom bind persons under disa- bility .. ib. the effect of a release of right by surrenderee to surrenderor, when such a custom exists, 196, 291, n. may be claimed by the assignee of a covenantee, if a surrender has been obtained by such assignee, and on what terms 291 the lord not compellable to admit by attorney, except under the act of 1 Will. 4, c. 65 (re- pealing 9 Geo. 1, c. 29) ib. but usual to do so, as the court may name an attorney ib. the subsequent consent of principal to be shown on a surrender made under a forged letter of ib. n. attorney is void essential to enable a surrenderee to surrender, 292, 293 of surrenderee, will not make a surrender by him valid by relation ib.
after his admittance he may have debt of all the rent .. ib. no title in the heir of an unadmitted surren- deree, nor in the devisee of an unadmitted de- visee until admittance (reference to 1 Vict. c. 26, s. 3, authorizing a devise before ad- mittance) ib. and n. distinction in the effect of their admittance, 293 the case of Doe & Vernon prior to above statute, a devise by an unadmitted devisee was not good, though he was subse- quently admitted
when claimed adversely, a chain of legal title is to be the steward's guide whether after a decree in the manor court the lord may seize and admit the rightful tenant, of tenant for life or years admits all in re- mainder ib. but such admittance does not create an actual seizin in the remainder-men .. 294, 295 semble, that the admission of a devisee for life is the admission of the reversioner ib. n. an appointee is in the situation of a remainder- 300
is necessary of the surrenderee of tenant for life,
and of the heir or surrenderee of remainder-man or reversioner, and of devisee of reversion ib. but by custom a remainder-man is to be ad- mitted ib.
a custom for remainder-men to be admitted and fine, must be clearly established .. ib. reference to the resolution in Brown's case, that though the admission of tenant for life vests the estate in remainder-men, the lord shall have his fine due by custom .. ib. n. not necessary, when the party remains in of his old seizin but on surrender to uses, the tenant taking back a life estate, he must be re-admitted ib. on the surrender of a surviving trustee to the use of himself and others, he takes a new estate and must be re-admitted, and, as regards the lord's fine, he will be deemed a newly appointed trustee
separate admissions would not affect the title
the husband in his wife's right need admitted
on descent to the wife, the husband before her admittance
to customary curtesy or dower when curtesy or dower is of a portion only of the copyholds, the necessity of admittance would seem to extend to lands of gavelkind 298
ADMITTANCE-continued. husband need not be admitted on death of feme covert termor Page 299, 300 executor and administrator of a termor must be admitted 300 semble, that an executor or administrator en- titled pur autre vie under 6 s. of 1 Vict. c. 26, must be admitted ib. n. under a power of appointment, the appointee is to be admitted 300 a person having a power of appointment, and the fee in default of appointment, need not be admitted, but by exercising the power will entitle the appointee to admittance, The King v. The Lord of the Manor of Oundle, 175, n., 181 the assignees or other bargainees of the com- missioners of bankrupt, were formerly treated as appointees 300 of the bargainees of the commissioners, had re- lation to the enrolment of the bargain and sale, not to the date .. 301, 302 and n. observations on the bankrupt acts of 6 Geo. 4, c. 16, and 1 & 2 Will. 4, c. 56, showing that no admittance is necessary either of the commissioners or assignees 302, &c. observations on the insolvent debtors' acts of 7 Geo. 4, c. 57, and 1 Will. 4, c. 38, showing that no admittance was necessary either of the provisional or general assignee, 307, 308 and see provisions of 1 & 2 Vict. c. 110; 5 & 6 Vict. c. 116; 7 & 8 Vict. c. 70..308, 309 the lord may seize quousque in case the pur- chaser's admittance be delayed and the bank- rupt die
so also if there be a delay in the exercise of a power of sale in a will' 349, 350 what is not an implied admittance 309, &c. 310, &c. acceptance of rent may be an implied admit- tance, but is of an ambiguous nature 311 does not in itself constitute possession, but only ib. affords the means of obtaining it is not necessary to enable a grantee for life in reversion to bring ejectment ib. n. should not be refused where there is a colour- able right 311, 312 if two persons claim by different titles, the lord must admit both wrongfully made is void
is according to the surrender when there is any variation .. ib. always enures according to the title, but pro- bably not to make an admittance for life the admittance of the same person to a remainder, when by the custom a remainder-man is bound to be admitted admittance of the heir of a remainder-man, or reversioner, to the fee by descent, would not be his admittance to a previously limited estate tail devolving upon him ib. semble, that an express or implied admittance under an elegit, would entitle the lord to a fine 342, n. and the admittance of the heir generally, when the ancestor surrenders to uses, will give a legal title to the fee until admittance under the surrender 313
is inoperative as against a person having a rightful title ib.
when it shall operate as a new grant, if more extensive than the surrender, and when not Page 149, 313 when wrongful, the right may be released, 313 may furnish an implication of estate, when none is expressed in the surrender how to be be compelled by the lord how to be compelled against the lord, 313, 314 the lord not bound to admit the surrenderee after an act of forfeiture by the surrenderor, 406, n., 447, 448 not necessary, when by the lord's act a court cannot be held
314 See BANKRUPT; BISHOPS; EVIDENCE; IN- SOLVENT DEBTORS; PRESENTMENT; STEW-
by and against whom it may be enforced in equity 205, &c., 301, n. under a contract for an entirety, if the title to a small share prove bad, the purchaser will not be compelled to take a conveyance of the other shares 206 whether a purchaser will be bound to perform his contract when the title to one of two lots proves bad, depends on circumstances ib. an agreement, if purely voluntary, will not be enforced in equity 207, 540 a covenant in marriage articles to purchase and settle lands, will not be satisfied by a sur- render of copyholds 207, n.
by parol, stands on the same footing with agree- ments for sale of freeholds
not being a court of record, a writ of error does not lie 579, 587 but the tenant or demandant may have writ of false judgment
579 to what lands the tenure is confined ib. the tenure is certified by Domesday-book, 579, 581, 582
but parcel or not of a manor which is ancient demesne is to be tried per pais, 579, n., 589, &c. land may be ancient demesne, though parcel of a manor which is not frank-fee may be held of a manor of ancient demesne an account of Domesday-book, and of a Sup- plement to it 579, &c. derivation of the word "Domesday" 581 the three several descriptions of tenants in ancient demesne (one who hold freely) 582 those denominated customary freeholders had a writ of right close, or monstraverunt 582, n. those denominated copyholders by base tenure
were to sue by plaint in the lord's court 582 Liabilities and Privilegss of Tenants in Ancient Demesne.
The Writ of Monstraverunt ; and De non ponendis. may have the writ of monstraverunt if dis- trained for services not usually performed, (and perhaps without being distrained) 584 but a special writ must be sued to the treasurer and chamberlain of the Exchequer to certify the tenure ib. the certificate coming into court by certiorari and mittimus is conclusive, though no issue joined whether frank-fee or ancient demesne ib.
the sheriff may make rescous to distress by the lord .. ib.
and if the lord distrain again, he is punishable by attachment the writ of monstraverunt may be sued gene- rally
ib. in what names the attachment is to be sued ib. any one named in the attachment not suing may be severed, and death or nonsuit of one will not prejudice his companions .. 585 one tenant may sue attachment in his proper name, and in the name of the other tenants by the general words homines manerii ib. those who are named alone recover damages 584, n. the plaintiffs may count severally, and the day or place of distress need not be alleged 585, n. if frank tenants and copyholders join in mon- straverunt, the writ shall abate only as to the latter
but tenant might have removed it by recordari for several causes .. ib. if he removed it for special cause, he could not
ANCIENT DEMESNE-continued.
fine by tenant in tail was a discontinuance only, and no bar
have shown new cause, but if for general cause, he might have proved the land frank- fee by special cause Page 586 when a supersedeas may be had in Chancery to ib. on foreign voucher, the defendant should have sued out warrantia chartæ if the lord proceeded, he was punishable by attachment ib. so also if he proceeded when the record was removed by recordari, the tenant suing a certiorari to the justices of the Common Pleas, to certify the tenor of the record into Chancery ib. if plea of warrantia charte was discontinued in Common Pleas, demandant might have sued a writ in Chancery to have the act certified, so that the court of ancient demesne might have been directed to proceed 587 held not to be error that the writ of right close was directed to the bailiffs, and that twelve recognitors only were returned ib. recovery against copyholder who could not have had writ of right close, was to have been avoided by plea 587, n. the writ abolished from 31 Dec. 1834 585, n.
when ancient demesne is a good plea, 587, 588, 589 when it is not 590 the advantage cannot be taken after judgment, 587, 588 might have been pleaded after a release of de- fault upon the return of the grand cape, 587, n. not in formedon after the view cannot be pleaded by prayee in aid in ejectment, must be pleaded within four days of the term and with leave of the court, on affidavit, stating certain facts when plea may be filed de bene esse plea of ancient demesne has been allowed after imparlance
but it was a bar to the issue under statute of limitations, 21 Jac. ib.
yet the issue in tail had twenty years for entry, after the expiration of a lease for life, created by fine, notwithstanding a second fine to conusee in fee ..
except the lord joined in the fine 596 writ of disceit was not in nature of writ of error, therefore not within 10 & 11 W. 3, c. 14 593, n. reference to the act of 3 & 4 W. 4, c. 27, and 3 & 4 W. 4, c. 74, abolishing the writs of disceit and warrantia charta, 592, n., 593, n. fine in Common Pleas, as against the lord, was coram non judice, and no bar under statutes of non-claim or limitation 593 doubted whether a second fine would not have been a bar to the lord under statute of non- claim 593, 594 and clearly a fine of elder date would have hindered the reversal of a fine of later date, but not e converso 594 the lord need not set forth his estate, and even a termor might have had the writ of disceit, ib. a determination of the lord's estate is to be shown on the other side ib. it is sufficient to state that the lands are plead- able in curia manerii ib. the parties themselves were not bound after re- versal of fine ib.
doubtful whether they are made so by fine upon a release, without warranty they also become frank-fee by escheat so if they come to the king, even if afterwards granted in fee or for life 596, 597 or granted to hold in frank-almoign 597 it is therefore sufficient to show the king's grant, ib. what confirmation makes ancient demesne lands frank-fee, and what does not 597, 598 feoffment to another, with a saving of ancient services, will make the lands frank-fee, 597 so a release by fine of all services and customs, except certain specified services ib. the tenure of ancient demesne will be restored by the king's regrant, to hold of the same . 598 but if to hold of another manor, they remain frank-fee
and on grant by the king for life, it is frank- fee for the time only
so also on confirmation by the lord to hold during life by certain services for all .. ib. and the tenure held to be restored on repeal of patent, where the seizure was made without title ib. so on re-entry or recovery by disseisee, after confirmation to disseisor to hold at common law ib. doubtful whether on release of services for a certain time, the lands become frank-fee for the time ib.
semble that a person claiming under a paramount title must, after a fine in Common Pleas, have sued at common law 598, 599
but that on recovery, the lands become ancient demesne again 599
after disseisin by the lord, the tenant had his option to sue by writ of right close, or at common law
See CUSTOMARY PLAINTS; DISCONTINUANCE.
ARBITRATOR. See BOUNDARY. ARCHBISHOPS. See BISHOPS. ARSON; the case of Rex v. Spalding 141, n. ASSETS; copyholds formerly not assets, even for specialty debts, or debts of the crown, 48 not within 47 Geo. 3, c. 74, nor 1 Will. 4, c. 47; (the provisions explained by 2 & 3 Vict. c. 60) 89,90 Sed qu. as to a trust of copyholds.. 90, n. by 3 & 4 Will. 4, c. 104, customaryholds and copy holds are assets both for simple contract and specialty debts, 48, 90, n., 540, n., 571, n., 1067 the effect of the act was to make the heir or devisee personally liable, but not to charge the real estate App. 1067, n. the rule as to marshalling is applicable to co- Pyholds 49, 276, n., 282 but is not extended to legatees when there is a devise to the heir, though he takes by de- 49, n., 276, n. specialty creditors as against devisees may claim to stand in the place of mortgagees who exhaust the fund provided by the testa- tor for the payment of his debts, but, as volunteers only, cannot compete with credi tors under the lowest class of security 50 real estates are sometimes made to bear the burthen of mortgages and legacies, in exo- neration of personalty 239, n. See CONTRIBUTION; COPYHOLDS; EXECUTORS; OCCUPANCY.
ASSISE. See CUSTOMARY PLAINTS.
ATTAINDER; the legal estate remains in the person attainted until entry by the lord, 126 for an estate of freehold is not divested in cases of attainder until office found .. 440, n.
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